Any person taking cognizance of a violation
of a specific bylaw or regulation or rule which he is empowered to
enforce, hereinafter referred to as the "enforcing person," may give
notice to appear before the Clerk of the District Court having jurisdiction
thereof at any time during office hours, not later than 21 days after
the date of such notice. Said notice shall contain the matters described
in MGL c. 40, § 21D, including the name and address, if
known, of the offender, the specific offense charged and the time
and place for his required appearance. Such notice shall be signed
by the offender whenever practicable in acknowledgment that such notice
has been received. The enforcing person shall deliver a copy of the
notice, or it shall be mailed, as provided by said section.
The enforcing person shall give to his commanding
officer or department head copies of each notice which he has not
already mailed or delivered, and if there is no commanding officer
or department head, the Chairman of the board or commission shall
be deemed the department head. Said commanding officer or department
head shall retain and safely preserve one copy and shall, at a time
not later than the next court day after such delivery or mailing,
deliver the other copy to the Clerk of the Court before which the
offender has been noticed to appear. The Clerk shall maintain a separate
docket of all such notices to appear.
[Amended 1-9-1989 STM, Art. 4]
The penalty for violation of the bylaw, rule
or regulation shall be $50 in such case.
This may be cited as the "Noncriminal Disposition
Bylaw, Georgetown."
[Added 1-9-1989 STM, Art. 4; amended 5-1-2017 ATM, Art. 11]
Violations of the following bylaws, sections
of bylaws, regulations and rules and sections of regulations and rules,
hereinafter called "provisions," may be enforced in the manner provided
in MGL c. 40, § 21D, by any police officer, including any
special police officer. The penalty shall be $50 as to any provision,
except as otherwise specified. For the purposes of MGL c. 40, § 21D,
the municipal officers, employees or agents whose titles are listed
below under each provision shall also be deemed "enforcing persons"
for such provision:
A. General Bylaw (Chapter
1, Article
I): Police (see above).
B. General Bylaw (Chapter
150, §
150-4): Building Inspector.
C. Earth Removal Bylaw (Chapter
49): Building Inspector; Subdivision Inspector of the Planning Board; Agent appointed by Conservation Commission.
D. Zoning Bylaw (Chapter
165): Building Inspector; Subdivision Inspector.
E. Wetland Protection Bylaw (Chapter
161, §
161-11): Agent appointed by Conservation Commission; Building Inspector; Subdivision Inspector.
F. Erosion Control Bylaw (Chapter
57): Building Inspector; Agent of Conservation Commission; Subdivision Inspector.
G. Sanitary Regulations, adopted July 17, 1972, as amended:
Member of Board of Health; Agent of Board of Health.
H. Regulations for permit to transport garbage, adopted February 13, 1973 (Chapter
466, Article
I, §
466-1):
(2) Enforcing persons:
(a) Member of Board of Health.
(b) Agent of Board of Health.
I. Regulations of persons who transport garbage which has not been collected in Georgetown, adopted February 13, 1973 (Chapter
466, Article
I, §
466-2):
(2) Enforcing persons:
(a) Member of Board of Health.
(b) Agent of Board of Health.
J. Regulation of persons transporting garbage who are not engaged in a refuse collection transporting business (Chapter
466, Article
I, §
466-3):
(2) Enforcing persons:
(a) Member of Board of Health.
(b) Agent of Board of Health.
K. Recreation Commission Regulations (Chapter
550):
(1) Penalty: $100 for the first violation; $200 for the second violation;
$300 for the third and subsequent violations.
(2) Enforcing persons: Police and any agent designated by the Park and
Recreation Commission.
L. Water Department regulations.
[Added 10-25-1999 STM, Art. 15]
(2) Enforcing person: Board of Water Commissioners, Water
Department Superintendent.
M. Dog licenses.
[Added 10-25-1999 STM, Art. 15]
(2) Enforcing person: Animal Control Officer, Assistant
Animal Control Officer.
N. Outdoor Water Restrictions Bylaw (Chapter
156): Board of Water Commissioners, Water Department Superintendent.
[Added 5-2-2011 ATM, Art. 35]